Legal Question in Medical Malpractice in Georgia

Can I sue for unnecessary surgery?

Went to an orthopedic doctor for pain in back of hand. He said sounded like carpal tunnel syndrome (cts), even though noted in my file that I had no classic cts symptoms.Sent me to have EMG test.Test was positive for moderate cts. He scheduled surgery based on the test.At 1st post-op visit, he asked how the numbness in my fingers was.Told him I had never had any numbness in my fingers and reminded him that he even commented on my lack of classic symptoms before the surgery. He wondered out loud why he had sent me for an EMG.Told him pain I orginally came to see him about was still there. He told me that was probably a sprain and would heal on its own in about 6 months. At my 2nd post-op visit he again asked how the numbness in my fingers was.Reminded him of our last several conversations - no classic symptoms, why the surgery, still having pain in the back of hand, etc. After he flipped through his notes, he said, and I am quoting here, ''Don't tell anyone I did that.'' This surgery caused me to be scheduled for light duty and out of the overtime rotation for 6 weeks, not to mention the time off work and the pain of the surgery itself. Do I have legal grounds to sue him for unnecessary surgery?


Asked on 3/24/04, 6:29 pm

1 Answer from Attorneys

Ms. Tran Lankford Tran Lankford, Attorney at Law

Re: Can I sue for unnecessary surgery?

If everything you have stated is accurate, you may have a cause of action against that doctor. You need to contact an attorney to further pursue this case. You did not mention when this incident occurred; there are deadlines on filing claims. Therefore, you should contact an attorney as soon as you can.

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Answered on 3/24/04, 6:54 pm


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